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Research On The Legislation Of Tort Liability For Auto Driving Accident In China

Posted on:2021-04-14Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q YangFull Text:PDF
GTID:2416330629488353Subject:Law
Abstract/Summary:PDF Full Text Request
Autonomous driving,as the main mode of transportation in the future,has caused a wave of volatility around the world.Auto companies are starting to develop new cars early,and the enthusiasm is growing.According to the company's estimate,by 2035,the world's total sales of such vehicles will be 21 million,China accounted for about 24 percent,about 5 million vehicles,its market prospects are very broad.With the self-driving car gradually into our daily life,brought a series of legal problems,to China's traffic accident liability determination has brought challenges.First,because it does not have the problem of liability subject qualification,when the car accident,non-car failure,non-system failure,the same is not another person's problem,the responsible subject is not easy to determine.Second,because the automobile is not a natural person,and is not like a legal person is formulated as a person with the qualification of legal subject,resulting in accident infringement can not have subjective fault,therefore,subjective fault is difficult to determine.Third,the causal ity of its infringement may be the multi-cause,one-cause,multi-cause,multi-causal relationship formed by the malicious intrusion of automobile hardware,software system failure,and third-party hacker intrusion.Therefore,it is difficult to determine the causality of infringement.Fourthly,since it does not have the driver,or can not investigate the driver's subjective fault,it is obviously inappropriate to continue to adopt the principle of fault liability,therefore,it is difficult to determine the application of liability.Fifth,because of the applicable principle of the current liability for determining traffic accidents,drivers should bear certain responsibilities,self-driving cars without drivers,will lead to difficult to distribute the burden of proof.Abroad,under current U.S.law,drivers are usually the subject of liability for traffic accident infringement.The United States will be self-driving traffic accident infringement of the main body of responsibility including car producers,software developers and other subjects.U.S.law requires that the car's producers not only guarantee the quality of the car,when the car needs to be repaired,upgraded,the producer did not repair and upgrade in time.In response to traffic accidents,Germanyamended the relevant law to provide for two main bodies of responsibility,the owner of the vehicle and the driver,but the law does not provide for the responsibility of the automobile producer,its liability may be provided for by other legal provisions.Japan's law provides that in the event of an infringement of such a low-level car in a traffic accident,the owner is primarily responsible for the infringement of the accident in a traditional car accident.Car manufacturers are only liable if the vehicle is defective.In the external hacker shacking into the automobile system led to traffic accidents,damage to the government compensation.On the issue of the principle of liability for accident infringement of self-driving cars,the principle of fault liability is mostly adopted in the common law system.Germany adopts the principle of presumption of fault against the driver,and the driver can not be held liable only if he proves that he is not at fault.The Outline issued by Japan still uses the original principle of responsibility and retains the original generality.Compared with other countries,China's current relevant laws do not make specific provisions on the liability of the car traffic accident,although at present,Beijing,Shanghai,Guangzhou,Chongqing,Hangzhou has introduced the policy of self-driving,but also only a ministerial or local regulatory document,China has not yet introduced a special self-driving law,the protection of self-driving cars is not strong enough,difficult to solve the various problems that may bring about.First of all,the legislative concept should be amended,our self-driving legislation must change the traditional legislative concept,so that self-driving car legislation reflects the forward-looking,foresee its future development trend,and the future legal issues it may face to study.To forward-looking legislation,self-driving cars are not only vehicles,but also emerging technologies,we should not only consider public safety and the safety of citizens' personal and property,maintain social and economic order,but also consider the issue of self-driving science and technology innovation.Then,amend the parts of our current law that are not compatible with new cars.Finally,the Self-Driving Car Act was enacted.The formulation of the Self-Driving Automobile Law should include the following aspects: First,to recognize its responsibility of the main body,in the uncertain responsibility to facilitate the resolution of disputes;Reduce traffic accidents caused by non-conforming equipment,strict consumer market access,reduce the use of the car crime incidents;In short,whether it is to amend existing laws or enact a new Self-Driving Car Law,it will not only protect public safety,but also promote the development of self-driving technology.
Keywords/Search Tags:Auto pilot, Traffic accident, Liability for tort
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